PRETRIAL ADJUDICATION
...Judicial Arbitration
......Superior Courts
8 Cards On This Topic:

Before mandatory judicial arbitration may be ordered, amount in controversy, in opinion of ct., must not exceed $50,000 for each P.

Judicial arbitration may be mandatory, by stip or by plaintiffs' election for all actions not excepted by statute.

Case must be removed from arbitration list if X-complainant moves within 15 days after notice of Ps' election to arbitrate and court determines amount in controversy re X-complaint exceeds $50,000.

Case exempt from mandatory judicial arbitration if all parties stipulate in writing amount in controversy exceeds $50,000 limit of Code Civ. Proc. §1141.11.

Exempt from mandatory judicial arb: Prayer for equitable relief not frivolous, class actions, small claims, unlawful detainer, family law, nonamenable, multi causes of action or X-Cs with any exceeding $50,000.

Seniors over 70 and minors under 14 have right to demand trial within 120 days after early setting motion; ct. may not refuse or delay.

Ct. erred in assigning case to judicial arb where parties disagreed about amount in controversy and D submitted no facts supporting contention P inflated amount claimed.

Code Civ. Proc. §36 controls over mandatory arbitration statute with older/younger litigants; competing interest of arbitration statute must yield to ensure their day in court.